Cuba Journal
Business

Cuba’s New Labor Code Lets Workers Take Second Jobs Without Letting Them Strike

Cuba’s new Labor Code legalizes second jobs and modernizes telework, but it still refuses workers the collective power to strike. The reform is less an opening than an official admission that one salary no longer sustains a life.

Natalia Suyos ·

5 min read

People move past vendors on a street in Havana, Cuba.

A second clock has appeared on the Cuban worker’s wall.

It is not there to mark leisure, or even opportunity. It marks the hour after the first job has failed to pay for food, transport, medicine, a repair, a child’s shoes. It marks the long national afternoon in which one salary no longer reaches the end of one month, and survival requires another shift, another employer, another small arrangement made in the shadows between exhaustion and necessity.

This week the Cuban state gave that second clock a legal frame.

Law 189, the new Labor Code published in the Gaceta Oficial on September 18, formally recognizes pluriempleo: the right of a worker to hold more than one job. It also brings telework, including some work performed from abroad, into the code. The law takes effect on September 25. For an economy that has spent years pretending that its citizens’ improvised livelihoods were temporary deviations from socialism, this is a confession in legal dress.

The revolution that promised to liberate labor has now acknowledged that labor needs a second shift.

There is a humane reading of this. Cuba’s old labor code belonged to a different island: one with a state monopoly on employment, fewer private businesses, fewer migrants abroad, and at least a theoretical relationship between a public salary and a public life. That island is gone. The new code does contain practical protections: written or digital contracts, limits and safeguards around working time, a right to disconnect from work communications, rules for workplace harassment, and explicit coverage for workers outside the state sector. It gives legal recognition to realities that have already arrived.

A worker employed by a private restaurant, a delivery business, a small importer, or a family enterprise should not be outside labor law merely because the state was late in admitting that such work exists. Nor is telework from abroad a trivial concession on an island whose most reliable national infrastructure is now the family network stretched between Havana, Hialeah, Madrid, and anywhere else a Cuban can find a signal and a wage.

But the timing tells the harder story.

The government has not created a new horizon for work. It has certified the disappearance of the old floor beneath it. A country does not celebrate the formal right to work two jobs because it has discovered abundance. It does so because one job has become insufficient, and because the authorities have finally decided that the evidence is too visible to deny.

The official text says that a worker may sign more than one contract, provided the schedules do not collide and the added work does not endanger health. It is an admirable sentence on paper. It assumes that exhaustion is mainly an administrative problem: two shifts written too close together, a timecard improperly stamped, a manager insufficiently attentive to sleep.

But Cuba’s overwork is not born in a scheduling office. It is born in the gap between what wages buy and what life costs. The second job is not necessarily a ladder. Often it is a bucket passed down a burning stairwell.

And so the code produces its central irony. It makes room for the worker to divide himself. It does not make room for workers to act together.

The word huelga—strike—does not appear in the new code. The law speaks of participation, representation, bargaining, and unions. Yet Cuba’s official union structure remains inseparable from the state that employs, regulates, disciplines, and increasingly cannot pay its people enough to live on. The worker may now take a second job. He may not freely build the independent institutional power to bargain over the first.

This is not an omission in the margins. It is the architecture.

The state has modernized the instruments of individual adaptation while preserving the prohibition on collective leverage. It recognizes that the economy has become plural, that private employers exist, that work may pass through a phone or cross a border, that a teacher or technician might need another source of income. But it cannot permit the more dangerous recognition: that a worker is not merely a unit of labor to be allocated, inspected, and compensated. A worker is also a citizen with interests that may diverge from the state’s interests.

That is why the new code feels less like a reform than a wiring diagram for decline.

There is an older Cuban joke hidden in the arrangement. The citizen has long been expected to invent what the system cannot provide: a replacement part, a meal, a route around a shortage, a cousin with access to something unavailable. Now the law has added employment itself to the list of things the citizen must improvise. The state does not repair the first clock. It authorizes a second.

The argument for the government deserves its full weight. Cuba is not writing labor law in normal conditions. The country is confronting scarcity, emigration, a shrinking working-age population, fragile public services, external pressure, and a private sector that grew faster than the institutions built to govern it. A rigid code designed for a vanished command economy would leave workers even more exposed. Bringing the non-state sector under common rules, requiring clearer contracts, and recognizing remote work may offer real recourse to people who previously had little.

That case is strongest precisely because it is not absurd. Modernization is better than legal silence.

But modernization without autonomy is only a more efficient form of supervision. The new code’s telework provision makes this visible. A Cuban who travels abroad may continue working remotely if the employer approves and the work permits it. Even mobility is framed as a permissioned extension of the workplace. The worker may cross the water, but the leash is written into the contract.

This is where the long shadow of 2015 to 2017 returns. That opening was a closed historical window because it briefly suggested a different sequence: connection first, confidence next, institutions after. Cuba might have become a place where work, investment, travel, and private initiative produced a widening civic space. The window shut. What comes after is not reopening, but adaptation inside a sealed room.

The new Labor Code is part of that adaptation. It is the regime learning to name the life it has helped force upon its people, while refusing to surrender the authority that made such improvisation necessary.

Cuba’s workers may now legally keep two clocks.

The state still insists on owning the bell.

Natalia Suyos writes for Cuba Journal on Business.